PLANNING BOARD WORKSHOP MEETING MINUTES
TUESDAY – MARCH 20, 2007
356 Main Street – Farmington, NH
Members Present: Charlie King, Don MacVane, Hiram Watson, Jim Horgan,
David Kestner, David Meehan – Alternate, Gerry Gibson - Alternate
Selectmen’s Rep: None appointed
Staff Present: Doreen T. Hayden.
S.R.P.C. Julie LaBranche, Strafford Regional Planning Commission – Called Absent
Public Present: John Theriault, Mark Guilmett
Prior to convening the meeting, Chairman King advised David Meehan and Gerry Gibson on the process for applying for regular status on the Planning Board.
Chairman King convened the meeting at 6:14 pm, seating Gerry Gibson for John Law and seats David Meehan as a participant with no voting power.
Don MacVane makes the members of the board aware that he will not be in attendance at the April 3, 2007 Planning Board Meeting.
Jim Horgan motions to tackle the board elections first, 2nd Don MacVane for discussion purposes; Hiram Watson – yes, David Kestner – good as night as any; Don MacVane has concerns that there are 2 seats open and the board could have 2 new members in the next couple of weeks, plus the Selectmen’s Representative is not here and should be appointed by then; Hiram Watson restates that he just as soon do it; Jim Horgan asks about candidates for open positions; Doreen T. Hayden advises that Paul Parker has submitted his application as well as Hiram Watson; Chairman King states whatever the wishes of the board are; David Kestner reviews that we have 1 full position open and confirms that Hiram Watson has reapplied so he will remain in his spot; the issue is technically 1 more regular
open position and tonight we are behind closed cameras and maybe we should wait until April 3rd meeting; Chairman King calls for a vote; Jim Horgan and Hiram Watson are in favor; Opposed Gerry Gibson, David Kestner, Chairman King and Don MacVane; motion fails.
· Continuation of Discussion: Re: Hazardous Mitigation State Plan:
1) Review
2) Accept
3) Sign
Chairman King turns the opening discussion over to Jim Horgan who believes it is obvious that changes need to take place in the document noting that some things have been spent already; David Kestner offers “don’t spend”, “don’t spend”, “don’t spend”; Chairman King feels it is a wish list by department heads that was used to develop the Town of Farmington needs whether or not it is really needed. David Kestner offered a summary of the need for signing this document and after he finished reading the document it appears to him to be a C. I. P. and if we sign on the dotted line are we held to set money aside; Jim Horgan asks if we know where this document has been for the last 3-years; Chairman King offers his thoughts on where it’s been; Reference is made to page 1
of the document requiring the Selectmen’s signature not the Planning Boards, but the back of the instructions clearly indicate it is part of the Planning Board responsibility; on page 4.4 reference is made to committee member Ed Robinson; board asks who is Ed Robinson; reply made he’s the ex fire chief; there are other individuals listed in this document who are no longer employed with the Town of Farmington; all reference to individual names should be eliminated and only job titles should be referenced; Jim Horgan comments that Deb Lee is the only active member of this document; Jim Horgan would like to sit down with Deb Lee and have a serious discussion with regard to this document and the contents; We need to verify what is and is not needed; Jim Horgan asks if the Selectmen have the authority to establish a C. I. P.; Hiram Watson advises on the process of implementing a C. I. P.; Jim Horgan adds that with this document the Planning Board accepts a large
responsibility making reference to an emergency building need, the requirements and needs of power and water are also major concerns; we do not have a support network to take care of our people nor do we have the resources to put into effect; with this document we need to sit down with Ms. Lee and have frankly discuss; Jim Horgan made reference to the most recent small disaster of the tree removal company on Route 11, cutting down the trees, falling the power line(s) and knocking out power to 3-communities that almost put us to a point of setting up a shelter for citizens. Questions arise about generators and such needed items and a maintenance schedule to insure these items are ready for operation; various levels of discussion on what needs to be addressed in the document and the actual needs; the wish list also needs to be gone through; Hiram Watson agrees that Deb Lee needs to meet with the Planning Board members for discussion; Chairman King adds that in the Implementation
Chapter of the Master Plan reference can / is made to the Hazardous Mitigation Plan; David Kestner quotes from page 4.4; Hiram Watson interjects that he wants the Town of Farmington to start a C. I. P. right away; Don MacVane adds that it should be done hand in hand with the Budget Committee.
Jim Horgan motions to have Ms. Deb Lee, Director of Emergency Management to be at the next Planning Board Meeting of April 3, 2007; 2nd Hiram Watson; discussion; Doreen T. Hayden advises the board the Deb Lee works most night shifts; Chairman King replied that we would put her on the April 3rd agenda although with such short notice we will be able to continue the meeting that evening until the Workshop Meeting of April 17, 2007 and by doing so would give Deb Lee plenty of time to adjust her work schedule to accommodate the Planning Board for discussion on the Hazardous Mitigation Plan.
Don MacVane suggests that letters of commitment and memos of understanding regarding emergency notice letters be developed and agreed upon.
Jim Horgan motions to continue the Hazardous Mitigation Plan discussion to the next Planning Board Meeting of April 3, 2007; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
· 2nd Reading: Rules of Procedures – Farmington Planning Board.
Chairman King calls for comments; Don MacVane comments that on page 2 of 5; the change that was motioned in last months meeting was to change item (g) unfinished new business; and leaving
(h) Adjournment; not as listed on this handout as (g) unfinished (h) new (i) adjournment; There is to be no (i); Doreen T. Hayden reviews with Don MacVane the change and he responds yes; Hiram Watson suggests to changed the amended date to this evening date of March 20, 2007.
Chairman King motions to approve the Rules of Procedures – Farmington Planning Board as amended; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
· Continuation of Discussion: Re: Compliance Hearing – Ledge Rock Construction, LLC (Peter Rizzo) Re: Cherub Drive and Holly Lane infrastructure and residents concerns over an Association (Tax Map R61, Lot #005-5, 20, 6, 15, 19, 18, 22, 21, 16, 11, 13, 10, 12, 30, 26, 27, 28, 17, 14, 24, 25, & 29
Gerry Gibson recuses himself; Chairman King seats David Meehan for John Law.
Chairman King asks Jim Horgan for his thoughts; he replies he has (2) issues; (1) being the sidewalk area of 5’ being on the left side of Holly and right side of Cherub; (2) is the compliance with the Homeowners Association; Jim Horgan entertained discussion on the culvert to the end of the road and walkway where it slopes out.
Chairman King opens the discussion to the public.
John Theriault tells the board that he’s spoken with Joel Moulton today who had given him an update from the L. C. Engineering letter.
6:58 pm
Don MacVane motions for a 5-minute recess; 2nd David Kestner; discussion; Don MacVane would like it noted for the record (7:00 pm) that Mr. Rizzo is not here this evening; no further discussion; all those in favor; motion passes. Don MacVane also offers his copy of the L. C. Engineering letter / report to John Theriault for his review and he graciously accepts.
7:07 pm
Chairman King reconvenes the meeting
Hiram Watson wants to go over each and every line of the items on the L. C. Engineering report; he thinks that Joel Moulton should define this report to the Planning Board in more detail as he has many questions. Hiram Watson opinions that Joel Moulton and Peter Rizzo need to address and fix all these deficiencies to insure this gets done; also believes that the Contractor, Engineer, Joel Moulton and Peter Rizzo need to get together as well; Hiram Watson adds that he would not recommend releasing any funds from the bond until all work is done.
Chairman King entertains discussion that this project has shown to be a good learning experience and that the board really needs to spend better review time to insure all documents are provided at and prior to the application approval; Chairman King feels that L. C. Engineering and the developer need to come to some agreement and work out this punch list requirements before releasing any bonds.
John Theriault interjects asking about traffic signs; Chairman King reflects on a letter from 2003 in the file from Peter Landry relating to adding signage but there are none noted on the plan that he could find; David Kestner offers that at worst case scenario you could put up the sign and take it out of the bond dollars that are being held; Don MacVane suggests to have the Police Department and Fire Department demand signage be put in place; David Kestner refers to section 6; paragraph 2; of the subdivision regulations that clearly state the sign requirements.
John Theriault asks about the Phase II inspection that was provided by a Massachusetts company during a walk through with the board; there was some discussion amongst the board on who that was, finally determining is was SEA Consultant.
David Meehan asks how much of the bond dollars are left; Chairman King replies $43,121.21 (interest included); David Meehan asks what if the contractor walks, it seems to me the amount of work left to due is more than the bond amount.
Chairman King motions on behalf of the Planning Board to find Ledge Rock Construction, LLC – Cherub Estates to be in non-compliance based upon the detailed list provided by L. C. Engineering dated 18 March 2007 and also section 6, paragraph 2 of the Town of Farmington Subdivision Regulations regarding the required signage in subdivisions. The Planning Board is requiring the applicant to become compliant not later than 1 July 2007 and this board recommends to the Selectmen that the developer have until 1 July 2007 to correct this list of deficiencies to the satisfaction of L. C. Engineering and Joel Moulton, Town of Farmington Public Works Director and if not brought into compliance by 1 July 2007 this board will further recommend to the Selectmen to use any and all legal methods necessary to bring this project
into compliance and this may result in the forfeiture of the existing escrow account interest included, 2nd David Meehan; no further discussion; all those in favor; motion passes.
Doreen T. Hayden address the board regarding re-billings to applicants from S. R. P. C. for their services during an application review process, this particular question is in regards to NewDam Partners billing on invoice numbers 4398 and 4305, after discussion amongst board members on the procedure the Planning Board had agreed to on re-billings.
Jim Horgan motioned to appoint Chairman King spokesperson to the Board of Selectmen regarding this issue and to request these invoices (4398 and 4305) as charges to the NewDam Partners for review of conceptual plans as provided by S. R. P. C. be rescinded, this is further substantiated by the fee structure(s) as discussed and adopted by the Planning Board at their Planning Board Workshop Meeting of 02-20-2007; 2nd Don MacVane; no further discussion; all those in favor; motion passes.
Chairman King motions to continue with the discussion on the Notice of Assessment of Fees for Application Review language, the Subdivision/Site Plan Application Instruction and Information Form and the Site Plan Completeness and Review Checklist to the next workshop meeting of April 17, 2007; 2nd Jim Horgan; no further discussion; all those in favor; motion passes.
Chairman King reviewed other documents that were handed out this evening.
8:09 pm
Don MacVane motions to adjourn; 2nd David Kestner; no further discussion; all those in favor; motion passes.
APPROVED AS AMENDED 04-03-2007
Page 2; 25th line; add the Town of Farmington after the word wants
Page 3; 2nd paragraph from bottom; 1st line; add the word over between go, each
Page 3; 5th and 6th line from bottom; change the word bond to funds from the bond
Changes are noted in bold typeface
_____________________________________ ____________________________
Charlie King, Chairman Date
Farmington Planning Board
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